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Abstract

A marriage is a legal event brings legal consequence for a male and a female who have get married. It is, in addition, also brings legal consequence for the children (descent) and their properties generated under the marriage.
The debarment marriage or meets the procedures as regulated in Act No. 1 of 1974, of course, causes a problem about legal certainty of legal assurance either for husband/ wife, children (descent) or properties.
It is; therefore, need to be reviewed deeper about legal position between male and female for whom their marriage held in Tionghoa tradition, legal position of illicit child recognized in the family, children's their recognized in their parents' properties.
In order to review those things mentioned above, an Analytic Descriptive Research is performed. Research location held in Tebing Tinggi city. Research Approach Methods used is Normative Juridical Approach and Empirical Juridical. The respondents are established through Simple Random Sampling for 30 individuals, consist of 10 persons of husbands' father who perform marriage with Tionghoa tradition and have recognized illicit children, also 10 recognized illicit children.
Information is taken from practitioners and legal theorists, Notary public, and Vital Statistic Instance Societies. Primary Data collection tools are questionnaires and interviews, while secondary data are collected through document studies. Research findings show that legal consequence of unqualified marriage as acted on Act No.1 of 1974 of husband/ wife, children and properties, as follows:
1. The marriage performed in Tionghoa tradition that has no acknowledgement legally is never occurs of normative juridicial. It is not causes forced obligations for all parties.
2. Legal position of illicit children recognized in family law is always under custody, in this matter under their mother's custody.
3. On the practice, the illicit children' heir provision is tends to performed in family atmosphere based on heir's economy condition.
It is advised to the government in order to carried out legal counseling activities with regard to unrecorded marriage intensity in Tionghoa ethnics can be minimized. It is also advised to the government in order to create a regulation orders the illicit children problems. Also, for Tionghoa ethnics to be aware the emerged risk of inheritance provision in family atmosphere without based on authentic acts.